13 Cited authorities

  1. State v. Wolowitz

    96 A.D.2d 47 (N.Y. App. Div. 1983)   Cited 150 times
    Holding that landlord's claim against the State seeking declaration that certain of his leases were legal and proper would be dismissed due to landlord's failure to join the tenants who were parties to the leases
  2. In re the Estate of Abraham XX.

    2008 N.Y. Slip Op. 9005 (N.Y. 2008)   Cited 22 times
    Holding that "[t]here is no temporal limitation" to a state's "right to recover the total Medicaid paid on behalf of" the beneficiary of a special needs trust
  3. Dibella v. Martz

    58 A.D.3d 935 (N.Y. App. Div. 2009)   Cited 15 times

    No. 505088. January 8, 2009. Appeal from an order of the Supreme Court (Teresi, J.), entered July 3, 2008 in Rensselaer County, which granted plaintiff's' motion to hold defendant in civil contempt. Murphy, Burns, Barber Murphy, L.L.P., Albany (Peter G. Barber of counsel), for appellant. Couch White, L.L.P., Albany (Melanie J. LaFond of counsel), for respondents. Before: Mercure, J.P., Rose and Kane, JJ. Malone Jr., J. plaintiff's and defendant are owners of adjacent properties located in the Town

  4. Fasano v. Digiacomo

    49 A.D.3d 683 (N.Y. App. Div. 2008)   Cited 9 times

    No. 2007-02603. March 18, 2008. In an action, inter alia, for a judgment pursuant to RPAPL article 15 declaring, among other things, that certain deeds conveying certain real property are null and void, the plaintiff appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), entered March 5, 2007, which denied those branches of his motion which were for summary judgment on the third cause of action for an accounting and for summary judgment declaring, inter alia, that his mother

  5. In re Woolworth

    76 A.D.3d 160 (N.Y. App. Div. 2010)   Cited 5 times

    No. CA 10-00127. June 11, 2010. APPEAL from an order of the Surrogate's Court, Oswego County (John J. Elliott, S.), entered August 25, 2009. The order, insofar as appealed from, denied that part of the petition seeking approval of a supplemental needs trust. Harris Beach PLLC, Buffalo ( Colleen E. Buonocore of counsel), for appellant. Kevin C. Caraccioli, Mexico, for respondent. Before: SCUDDER, P.J., PERADOTTO, LINDLEY and GORSKI, JJ. OPINION OF THE COURT GREEN, J. Petitioner, as administratrix

  6. N.Y. State Crime Victims Bd. v. Gordon

    66 A.D.3d 1213 (N.Y. App. Div. 2009)   Cited 5 times

    No. 506884. October 22, 2009. Appeal from an order of the Supreme Court (McDonough, J.), entered February 11, 2009 in Albany County, which, in a proceeding pursuant to Executive Law § 632-a (3), denied respondent's motion to compel the Comptroller to pay him a portion of the net proceeds of a settlement. Franzblau Dratch, P.C., New York City (Brian M. Dratch of counsel), for appellant. Andrew M. Cuomo, Attorney General, Albany (Owen Demuth of counsel), for respondent. Before: Peters, J.P., Rose,

  7. In re Lisa Bishop v. Maurer

    73 A.D.3d 455 (N.Y. App. Div. 2010)   Cited 1 times

    Nos. 2723, 2724. May 6, 2010. Order, Surrogate's Court, New York County (Troy K. Webber, S.), entered on or about November 9, 2009, which, upon reargument, adhered to a prior order (Renee R. Roth, S.), entered on or about December 1, 2008, granting petitioners' motion for summary judgment determining that certain real estate and its contents were estate assets, unanimously reversed, on the law and the facts, without costs, and the motion for summary judgment denied. Appeal from the prior order unanimously

  8. Matter of Carroll

    100 A.D.2d 337 (N.Y. App. Div. 1984)   Cited 24 times

    April 9, 1984 Appeal from the Queens County Surrogate's Court, Louis D. Laurino, S. James P. Hoopes ( Mary B. Starr of counsel), for appellant. White Case ( Burton T. Ryan and Christopher B. Roberts of counsel), for respondents. TITONE, J.P. In this proceeding commenced by the executors of the estate of Patrick James Carroll to discover property (SCPA 2103), Richard Bruce Carroll, one of the decedent's sons, appeals from so much of a decree of the Surrogate's Court, Queens County, as determined that

  9. Matter of O'Brien

    204 A.D.2d 983 (N.Y. App. Div. 1994)   Cited 4 times

    May 27, 1994 Appeal from the Niagara County Surrogate's Court, Hannigan, S. Present — Green, J.P., Pine, Balio, Callahan and Boehm, JJ. Decree modified on the law and as modified affirmed without costs and matter remitted to Niagara County Surrogate's Court for further proceedings in accordance with the following Memorandum: The record supports the jury's verdict that decedent's will was procured by the undue influence exercised by proponent (see generally, Matter of Walther, 6 N.Y.2d 49; Matter

  10. Matter of Zalaznick

    94 Misc. 2d 988 (N.Y. Surr. Ct. 1978)   Cited 3 times

    May 17, 1978 Golenbock Barell (Robert M. Birnbaum of counsel), for movant. Feder, Kaszovitz Weber (Alvin M. Feder of counsel), for respondents. BERTRAM R. GELFAND, S. This is an application by the successor fiduciary to stay respondents from taking further steps to execute against the estate assets in order to collect sums due to the respondent pursuant to a decree of this court entered on May 13, 1977. Movant also seeks to vacate an execution heretofore made and direct the return to the estate of

  11. Section 1396p - Liens, adjustments and recoveries, and transfers of assets

    42 U.S.C. § 1396p   Cited 855 times   13 Legal Analyses
    Listing covered long-term care benefits, including nursing facility services